Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001062955C070421
Original file (2001062955C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


IN THE CASE OF:
        


BOARD DATE: 14 March 2002
DOCKET NUMBER: AR2001062955

I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Rosa M. Chandler Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. Roger W. Able Member
Mr. Walter T. Morrison Member

         The Board, established pursuant to authority contained in 10 U.S.C.
1552, convened at the call of the Chairperson on the above date. In
accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records
be corrected without a formal hearing, or to deny the application without a
formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the
application to the Board and as restated herein.

         The Board considered the following evidence:

Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)


APPLICANT REQUESTS: That his records be corrected to show that he is entitled to award of the Combat Infantryman Badge (CIB).

APPLICANT STATES: That he did not know that he was entitled to the CIB and submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

EVIDENCE OF RECORD: The applicant's military records are presumed to have been lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was limited to that submitted by the applicant.

The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 17 March 1944 and he served in military occupational specialty (MOS) 2736 (Medium Tank Driver). He departed the United States on 31 January 1945 and arrived in England on 8 February 1945. On an unknown date, he was assigned to the 771st Tank Battalion which was already in the European Theater of Operations.

The 771st Tank Battalion was first constituted on 13 January 1941 as the 5th Armored Regiment and assigned to the 4th Armored Division. On 15 April 1941, the Fourth Armored Division was activated at Pine Camp, New York. On 8 May 1941, the 5th Armored Regiment was redesignated as the 35th Armored Regiment and spent most of 1942 in Tennessee performing training maneuvers and in California conducting desert training. In 1943, the 35th Armored Regiment continued training in California and later moved to Massachusetts. On 10 September 1943, the regiment reorganized and its component units were redesignated. The 1st Battalion, 35th Armored Regiment became the 771st Tank Battalion and was relieved from assignment to the 4th Armored Division. It became a corps asset, an independent tank battalion providing armor support to infantry divisions which had no organic tanks at the time. The 771st moved to England in 1944 in preparation for the Normandy invasion. The battalion landed at Utah Beach on July 11, 1944 and participated in fighting in the Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns, including the Battle of the Bulge. After World War II, on 1 May 1946, the 771st Tank Battalion was converted and redesignated as Troop A, 71st Constabulary Squadron.

The applicant served with the 771st Tank Battalion from an unknown date until his departure from Europe on 17 August 1946. He arrived in the United States on 27 August 1946 and he was assigned to Fort George G. Meade, Maryland for separation processing. His WD AGO Form 53-55 shows that he participated in


the Rhineland and Central Europe campaigns. He also is credited with the Good Conduct Medal, World War II Victory Medal, Army of Occupation Medal (with Germany Clasp), the European-African-Middle Eastern Campaign Medal, and the Honorable Service Lapel Button. He served 2 years, 5 months, and 15 days, of which 1 year, 6 months, and 27 days were served in Europe. He was honorably discharged on 31 August 1946.

War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge (EIB) to recognize and provide an incentive to infantrymen. The EIB was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay and holders of the EIB were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The available evidence does not indicate that the applicant served in an infantry MOS in operations against enemy forces during World War II (WWII). He was assigned to a tank battalion that provided support to the infantry; however, he did not serve in an infantry MOS. His MOS was classified as armor.
3. The Board recognizes that a combat environment may require non-infantry soldiers to temporarily perform the basic infantry duties that all soldiers are taught, but it is not a basis for the award of the CIB.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_JHL____ __RWA__ ___WTM_ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records


INDEX


CASE ID AR2001062955
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020314
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19460331
DISCHARGE AUTHORITY AR615-3650
DISCHARGE REASON A03.00
BOARD DECISION DENY
REVIEW AUTHORITY AR615-365
ISSUES 1. 107.0111
2.
3.
4.
5.
6.

        





Similar Decisions

  • ARMY | BCMR | CY2012 | 20120000847

    Original file (20120000847.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120000847 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The FSM's military records are not available to the Board for review. His WD AGO Form 53-55 also shows: * his organization was the 50th Armored Infantry Battalion * he held the military occupational special (MOS) of Motor Transportation Noncommissioned Officer at the time of his separation * he participated in the Normandy, Rhineland, and Northern France campaigns * he was...

  • ARMY | BCMR | CY2002 | 2002073404C070403

    Original file (2002073404C070403.rtf) Auto-classification: Approved

    The applicant requests that Item 6, Organization, of his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, be corrected from reading “Company B, 52 nd Armored Infantry Battalion,” to “26th Infantry Regiment, 2 nd Platoon.” His WD AGO Form 53-55 shows he was awarded the SS, the PH, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal. The applicant is also entitled to the American Campaign Medal since he served in the United States...

  • ARMY | BCMR | CY2015 | 20150003542

    Original file (20150003542.txt) Auto-classification: Approved

    The FSM served a period of qualifying service for award of the World War II Victory Medal; however, this award is not listed on the FSM's WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's WD AGO Form 53-55 to show he was awarded or authorized the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp. As a result, the Board recommends denial of so much of the...

  • ARMY | BCMR | CY2004 | 20040002058C070208

    Original file (20040002058C070208.doc) Auto-classification: Approved

    Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of his deceased father, hereafter known as the former service member (FSM), be corrected to show award of the Purple Heart (PH). Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the...

  • ARMY | BCMR | CY2011 | 20110014611

    Original file (20110014611.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show award of the Combat Infantryman Badge (CIB) for service during World War II. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The applicant contends that his military records should be corrected to show award of the CIB for his combat service during World War II.

  • ARMY | BCMR | CY2001 | 2001061821C070421

    Original file (2001061821C070421.rtf) Auto-classification: Approved

    The applicant requests that he be awarded the Combat Infantryman Badge. The applicant’s WD AGO Form 53-55 does not reflect that he was awarded the CIB; nor, does it show that he had been awarded an infantry MOS. Although it appears the applicant did not have an infantry MOS, other evidence shows that he was awarded combat infantry pay during his service, which would indicate that he is entitled to the CIB.

  • ARMY | BCMR | CY2005 | 20050004548C070206

    Original file (20050004548C070206.doc) Auto-classification: Approved

    He indicates that stock clerks were not in the battles, nor were they awarded the Combat Infantryman Badge (CIB). The applicant’s military records are not available to the Board for review. Although, the MOS title and number listed on the applicant’s separation document indicates he was a Stock Clerk, the rest of the available evidence all supports the applicant’s contention that he served as an infantry Rifleman during his World War II service.

  • ARMY | BCMR | CY2012 | 20120002128

    Original file (20120002128.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II. The applicant’s request that his record be corrected to show award of the PH and CIB and that he be awarded the BSM based on receipt of the CIB has been carefully considered.

  • ARMY | BCMR | CY2009 | 20090017369

    Original file (20090017369.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Combat Infantryman Badge and his period of service be corrected. The applicant does not specify what error in his period of service he would like corrected and available records do not show any post-WWII active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that in addition to the awards listed on the WD AGO Form 53-55, the applicant is also authorized...

  • ARMY | BCMR | CY2008 | 20080008813

    Original file (20080008813.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. Absent any evidence showing that the applicant held and served in an infantry MOS, or that he was awarded the CIB by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.